Skip to comments.Second Amendment Foundation Files For Summary Judgment In Mass Resident Alien Gun Ban Case
Posted on 07/10/2011 2:36:32 PM PDT by marktwain
BELLEVUE, WA --(Ammoland.com)- The Second Amendment Foundation has filed a motion for summary judgment in its lawsuit challenging a statute in Massachusetts that denies legal resident aliens the licenses required to possess a handgun in the home for self-defense, or purchase any kind of firearm.
The case is known as Fletcher v. Haas. It was filed in April in U.S. District Court for the District of Massachusetts. Joining SAF in this lawsuit are Commonwealth Second Amendment, a Massachusetts grassroots organization, and two British citizens, Christopher M. Fletcher of Cambridge and Eoin M. Pryal of Northboro. They are represented by attorney Joseph M. Hickson III of Springfield.
The lawsuit alleges that they have been specifically denied the ability to obtain a Firearms Identification Card or a License to Carry of any kind. Before moving to Massachusetts, Fletcher lived in California, where he had a Basic Firearms Safety certificate and Handgun Safety certificate, which allowed him to purchase and own firearms including handguns. Pryal, who is married to a U.S. citizen, had a shotgun certificate and international dealers license while living in the United Kingdom.
Lawful immigrants are entitled to the protection of our laws, including the protection of their right to self-defense, noted Miko Tempski, SAF Legal Affairs director. Hopefully, this motion brings us one step closer to ending Massachusetts hypocritical and discriminatory ban on handgun ownership for lawful immigrant residents.
The SAF motion was in response to a defendants motion to dismiss the case.
People in this country have rights, said SAF Executive Vice President Alan Gottlieb. Among those rights is the right of self-defense, especially in ones own home. Legal resident aliens like Fletcher and Pryal are productive members of the community, yet they are being denied a basic right by the Commonwealth of Massachusetts. This prohibition simply cannot go unchallenged.
The Second Amendment Foundation (www.saf.org) is the nations oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. In addition to the landmark McDonald v. Chicago Supreme Court Case, SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; New Orleans; Chicago and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and numerous amicus briefs holding the Second Amendment as an individual right.
The money quote.